Officer Wrote Wrong Subsection Number

TrafficHelp
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Officer Wrote Wrong Subsection Number

by: TrafficHelp on
Tue Jul 19, 2016 9:39 am

Hi, I was charged with Fail to Stop for an Amber Light. I selected early resolution as I feel I had no choice but to continue through the intersection. I was observing my ticket and noticed that the officer wrote the wrong subsection. It should be 114 (15) but the officer wrote 114 (18) which is Fail to Stop for a Red Light which I did not do. The ticket clearly states Amber light and the fine reflects that charge. When I requested disclosure information, the letter sent to me referring to when the disclosure would be available refers to the wrong charge as well Failing to Stop at a Red Light.

Is there a way to dismiss this ticket before even going to the resolution meeting?


ynotp
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by: ynotp on
Tue Jul 19, 2016 10:24 am

You will want to force a fatal error on this one don't show your hand (they have 6 months to reissue a summons for the correct charge and the fatal error can be corrected if you attend trial. Basically you let it go into default judgement (do nothing don't attend early resolution meeting) and the JP aught to quash it. If he fails to do so when you receive your notice of conviction you appeal it and you win.


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